questions about spousal visa process

[Branny]

Sorry in advance if this has been posted before. I've been looking though posts trying to locate some answers to my questions and I've found some I think, but have some others I haven't had much luck with.

Some background information: My husband is a British citizen who has been living in the USA (legally) since our marriage in 2001. We are now thinking about moving to England. We have a two year plan which entails selling our house and moving, either to England or someplace else in the states. What we end up doing will depend in part on the answers to my questions.

1. We know that I would need to apply for a spousal visa, we've been married for 8 years so, based on what I've read here, I could apply for and possibly get IRL (think that's the right term) without the 2 year probabationary period. I would need to take the Life in the UK test. I've also seen take I can take this test before even applying for the spousal visa and simplify the process, it is very likely that we will make another trip to the UK before moving there. If I was able to take the Life in the UK test before applying for the spousal visa, would I need to do anything else after arriving in the England?

2. Since my husband is currently living and working in the US, would he need to go back to England a head of me, to secure employment & housing? how long would he need to be there there? or is it possible for him to secure employment and housing from here and both of us make the big move at the same time. When we were did this for him to come to the usa we could use third party support (an affidavit of support), but based on what I've read, its not possible. Whats confusing me is the 6 months worth of payslips I've been reading about. We would really like to travel together and not have to be seperated for 6 months.

3. I've looked at the processing times, for the area where we live and it looks like fairly quick, at most 90 days to process it. One thing I couldn't figure out is how long after applying for the visa I would have to travel to the uk. I've seen 28 days and then I've seen things saying 3 months? or would this be irrevelant since we have been married for more than 4 years. This is the biggest question as to know when I should apply for this visa.

Thank you for any help, we are just trying to figure things out so we can start making decisions. If there are any links, posts, etc... anyone can recommend that would be great. We've been looking at the government site already.

[ElenaW]

1. The correct term is ILE as you're applying from outside of the uk. That's right after the life in the uk test you're pretty much done.

2. If you can satisfy the requirements you can travel together. So if you have savings, job offers, and some sort of accommodation, you can move together.

3. If you pay an expeditor about $100, you can get your answer in 24-48 hours. For the spousal visa, I belive you have three months to move to the uk but as you're applying for ILE I don't think this applies.

[ajmal]

Sorry in advance if this has been posted before. I've been looking though posts trying to locate some answers to my questions and I've found some I think, but have some others I haven't had much luck with.

Some background information: My husband is a British citizen who has been living in the USA (legally) since our marriage in 2001. We are now thinking about moving to England. We have a two year plan which entails selling our house and moving, either to England or someplace else in the states. What we end up doing will depend in part on the answers to my questions.

1. We know that I would need to apply for a spousal visa, we've been married for 8 years so, based on what I've read here, I could apply for and possibly get IRL (think that's the right term) without the 2 year probabationary period. I would need to take the Life in the UK test. I've also seen take I can take this test before even applying for the spousal visa and simplify the process, it is very likely that we will make another trip to the UK before moving there. If I was able to take the Life in the UK test before applying for the spousal visa, would I need to do anything else after arriving in the England?

2. Since my husband is currently living and working in the US, would he need to go back to England a head of me, to secure employment & housing? how long would he need to be there there? or is it possible for him to secure employment and housing from here and both of us make the big move at the same time. When we were did this for him to come to the usa we could use third party support (an affidavit of support), but based on what I've read, its not possible. Whats confusing me is the 6 months worth of payslips I've been reading about. We would really like to travel together and not have to be seperated for 6 months.

3. I've looked at the processing times, for the area where we live and it looks like fairly quick, at most 90 days to process it. One thing I couldn't figure out is how long after applying for the visa I would have to travel to the uk. I've seen 28 days and then I've seen things saying 3 months? or would this be irrevelant since we have been married for more than 4 years. This is the biggest question as to know when I should apply for this visa.

Thank you for any help, we are just trying to figure things out so we can start making decisions. If there are any links, posts, etc... anyone can recommend that would be great. We've been looking at the government site already.

Please read returning resident rules for British citizen, that rule will apply on your husband and you

[andyb123]

Please read returning resident rules for British citizen, that rule will apply on your husband and you

No, returning resident is for people who DON'T have a british passport, but did have a settlement type visa for the UK when they last left the UK

the OP's husband is a british citizen by birth with a british passport and so would not require a returning resident visa


to the OP
1. yes you should be able to apply for ILR directly based on the length of your marriage
2. you would need to show that you can support yourselves financially (e.g. savings - if you are selling a house before returning to the UK then presumably the equity would be quite substantial?) without claiming benefits... showing that you stand a good chance of getting employment on arrival would help (e.g. CV with experience, qualifications etc.)

you can have 3rd party support in the form of accommodation - e.g. you could move in with his parents as long as you got a housing inspection for entry clearence done to show that the house wouldn't be "overcrowded" according to the law

3. processing times can be as little as a week, mine took about 1 month

if you get a 2 year spouse visa you'll have 3 months to come to the UK, if you get ILR you can take as long as you like

[Rozen]

..

[Casa]

As Boulevard has already advised...ILR will be granted in the UK once the Life in the UK test (KOL) has been passed. The test could be taken during a visit to the UK and ILR would be granted from the outset.

[Branny]

thank you. Now we just need to figure out the financial side of things.